A

BILL

ΤΟ

5

Enable Local Authorities to Value and Purchase Land.

BE

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

A.D. 1896.

may

lands in the

1. Where it appears to any local authority as defined by this Local Act, that it is for the interest of the inhabitants of any district authority within the area of its jurisdiction that any lands shall be purchase purchased, or that any lands shall be valued with a view to the or value subsequent purchase thereof, the local authority may purchase interest of 10 those lands or may have those lands valued with a view to the the public. subsequent purchase thereof, subject to the conditions and regulations of this Act.

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20

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2. With respect to the purchase and valuation of lands under Regulations this Act the following regulations shall be observed:

upon purchase or

(1.) If any lands proposed to be purchased or valued are situate valuation.
without the area of jurisdiction of the authority making the
proposal, the consent in writing of the local authority within
whose area of jurisdiction those lands are situate shall first be
obtained.

(2.) The Lands Clauses Acts shall be incorporated with this Act
as if they were here re-enacted, and in terms made applicable
to a local authority, except in so far as they are inconsistent
with the other provisions of this Act, and except section
one hundred and twenty-seven of the Lands Clauses Consolida-
tion Act, 1845.

(3.) Land shall be deemed to be valued within the meaning of
this Act when the compensation which would be payable for
the same if purchased under the powers of this Act has been
ascertained under the Lands Clauses Acts as incorporated

A.D. 1896.

with this Act, and the provisions of the Lands Clauses Acts
with regard to the costs of ascertaining such compensation
shall apply to the costs of such valuation.
(4.) The local authority before putting in force any of the powers
of the Lands Clauses Acts with respect to the purchase and 5
taking of lands otherwise than by agreement, shall publish in
each of three consecutive weeks in some local paper circulated
in the district, an advertisement describing shortly the lands
proposed to be taken, or valued with a view to the subsequent
purchase thereof, naming a place where a plan of the lands 10
may be seen at all reasonable hours, and stating the quantity
of lands proposed to be taken or valued, as the case may be;
and shall further serve a notice, in the month succeeding
the month in which the advertisements required by this
section are published, on every owner or reputed owner, 15
lessee or reputed lessee, and occupier of such lands, defining
in each case the particular lands intended to be so taken or
valued, and requiring an answer stating whether the person
so served assents, dissents, or is neuter in respect of taking or
valuing such lands.
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(5.) On compliance with the provisions of this section with
respect to consent, advertisements, and notices, the local
authority may, if they think fit, present a petition under their
seal to the Local Government Board. The petition shall state
the lands intended to be taken or valued, as the case may be, 25
and the purposes for which they are required, or the grounds
upon which it is proposed to value them, and the names of the
owners, lessees, and occupiers who have assented, dissented, or
are neuter in respect of the taking or valuing of such lands,
or have returned no answer to the notice; it shall pray that 30
the local authority may, with respect to such lands, be allowed
to put in force, so far as may be necessary, the powers of the
Lands Clauses Acts with respect to the purchase and taking
of lands otherwise than by agreement, and such prayer shall
be supported by such evidence as the Local Government Board 35
requires.

(6.) On the receipt of such petition and on due proof of the
proper consent having been obtained, and the proper adver-
tisements having been published and notices served, the Local
Government Board shall take such petition into consideration, 40
and may either dismiss the same (but only if they are satisfied
that the proposed purchase or valuation is not for the interest

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herein-before mentioned), or may direct a local inquiry as to A.D. 1896.
the propriety of assenting to the prayer of such petition; but
until such inquiry has been made no order shall be made
affecting any lands without the consent of the owners, lessees,
and occupiers thereof.

(7.) After the completion of such inquiry the Local Government Board may make an order empowering the local authority to put in force, with reference to the lands referred to in that order, the powers of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any order so made, in the manner and on the person in which and on whom notices in respect of such lands are required to be served : Provided that any notices or orders by this section required to be served on a number of persons having any right in, over, or on lands in common, may be served on any three or more of such persons on behalf of all such persons.

The price to be paid for lands pur

Act.

3. Where any lands are purchased under this Act, the price to be paid for those lands to the owner thereof shall be the fair market price for the time being, together with a further sum as compen- chased under sation for disturbance and in respect of any damage, by severance or otherwise, caused by the purchase to any lands held together 25 with the lands purchased: Provided that such further sum shall only be payable if and in so far as damage is actually sustained.

on lands

Act.

4. Where any lands are valued under this Act with a view to The value the subsequent purchase thereof, the estimate of the value of those to be placed lands shall be based upon the fair market value thereof at the time valued under 30 of the valuation, without any additional allowance as compensation for disturbance, or in respect of damage, by severance or otherwise, or in respect of any other matter whatsoever caused or to be caused by the valuation, or by any purchase subsequent to the valuation, to the lands valued, or to any lands held together with 35 the same, or to any right or interest of the owner of the lands in or to the same.

of lands

5. A valuation of any lands under this Act, with a view to the A valuation subsequent purchase thereof, shall be deemed to be a land charge under Act within the meaning of section four of the Land Charges Registra- to be a land eharge. 40 tion and Searches Act, 1888; and particulars of any such valuation may be registered as a land charge under that Act within one

A D. 1896. month after such valuation has been made, and shall be subject to all the provisions of that Act so far as they are applicable thereto.

Lands valued

under Act may be purchased within

6. Where particulars of any valuation under this Act has been registered as a land charge, the local authority at whose instance 5 that valuation has been made, may, at any time within twenty years from the date of such registration, purchase the lands comtwenty years. prised in such valuation or any part thereof, subject to the conditions and regulations of this Act with regard to the purchase of lands, and subject also to the condition following, that is to 10 say :

Local

Government
Board may

The price to be paid for the lands to the owner of the lands
shall be the fair market value of the lands at the time of the
purchase thereof, after deducting the proportion of any increase
of that value over and above the value of the lands as the 15
same was ascertained when the lands were previously valued
under the provisions of this Act, which may be ascertained to
be the special increment due to the increase or movement of
the population in, or to the industrial or other development
of any town or other populous place in the neighbourhood 20
of such lands, and not to any improvements or acts of manage-
ment executed or done by the owner or any former owner of
such lands at any time previous to the purchase thereof under
this Act, together with a further sum as compensation for
disturbance, and in respect of any damage, by severance or 25
otherwise, caused by such purchase to any lands held together
with the lands purchased :

Provided that such further sum shall only be payable if and in so
far as damage is actually sustained.

7. The Local Government Board may make orders as to the 30 costs of inquiries instituted by the said Board under this Act, and make orders as to the parties by whom such costs shall be borne, and every such order may be made a rule of the High Court, on the application of any person named therein.

as to costs

of inquiries.

Orders of
Local
Government

8. All orders made by the Local Government Board in pur- 35 suance of this Act shall be binding and conclusive in respect to Board under the matters to which they refer, and shall be published in such manner as the Board may direct.

Act to be

final.

Purchase of

laud for providing

9. The purchase of land in order to re-sell the same to a co-operative society registered under the Industrial and Provident 40

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Societies Act, 1876, for the purpose of providing a site for any A.D. 1896. building of such society, shall be deemed to be for the interest of building

the inhabitants of the district where such land is situated within site for the meaning of section one of this Act.

co-operative societies.

10. In this Act "local authority" shall mean any authority Definitions. having power to levy a rate, the proceeds of which are applicable to public local purposes, and are levied or leviable on the basis of an assessment in respect of property, and the word rate shall include any sum which though obtained in the first instance by a precept, 10 certificate, or other document requiring payment from authority or officer is, or can be, ultimately raised out of a rate. 11. This Act may be cited as the Lands Purchase and Valuation Short title. Act, 1896.

12. This Act shall not extend to Scotland or Ireland.

some

Extent of
Act.

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13. This Act shall come into operation on the first day of Commence. January, one thousand eight hundred and ninety-seven.

ment of Act.